Imagine you’re in a medical emergency where you can't speak for yourself. Who would make medical decisions on your behalf?
According to the Regenstrief Institute, nearly half of hospitalized older adults in the U.S. require some degree of surrogate decision-making each year.
Many of these individuals would benefit from having a medical power of attorney in place, a legal document that names someone you trust to make healthcare decisions if you're unable to do so.
What Is a Medical Power of Attorney, and How Does It Differ from a Living Will?
Many people use these terms interchangeably, but they're not the same. While a medical power of attorney and a living will are both valuable estate planning documents, they address different aspects of medical care and decision-making.
Also known as a healthcare power of attorney or healthcare proxy, a medical power of attorney designates who will be your proxy in the event you’re unable to make decisions about your medical care on your own. This person can talk with doctors, view your medical records and make decisions about medical tests and treatment on your behalf. (Note: Terminology varies by state; for example, Ohio uses "durable power of attorney for health care.")
A living will or advance healthcare directive documents what you want, including life support preferences and end-of-life care wishes.
Personal finance expert Suze Orman frequently encourages adults to have four core estate planning documents in place: a will, a revocable trust, a financial power of attorney and an advance directive paired with a durable power of attorney for healthcare.
Together, these documents address both financial and medical decision-making if a person becomes incapacitated while also helping ensure their wishes are carried out after death.
When Should You Set Up a Medical Power of Attorney?
The short answer: earlier than you think.
In fact, The Conversation Project encourages adults to begin thinking about and documenting their healthcare wishes, including naming a medical power of attorney, as early as age 18. Other major life events that could prompt a review include entering a new decade of life, marriage or divorce, a diagnosis of a serious medical condition, the death of your named proxy or relocation to another state.
The key is to be proactive. Establishing a medical power of attorney before a health crisis occurs can ensure your wishes are honored and spare loved ones from having to make difficult decisions without clear guidance.
How Do You Choose the Right Person?
When weighing your options, consider whether your potential healthcare proxy will:
- Be comfortable making decisions on your behalf, even if those decisions differ from their personal preferences
- Advocate for you and honor your values and beliefs
- Communicate effectively with medical providers and ask clarifying questions when needed
- Remain calm and clear-headed in a crisis or rapidly changing situation
- Be available and reachable when decisions need to be made
It’s also important to think about emotional dynamics. While a close family member or friend may feel like the natural choice, strong emotions can sometimes make decision-making more difficult in a medical crisis. Ask yourself whether the person can focus on your stated wishes, even when the situation is stressful.
Common healthcare proxies include a partner or spouse, a child, a sibling, a friend or someone from your place of worship. Remember, your proxy doesn't have to be a family member.
Having a direct, documented conversation with your proxy before a medical emergency is absolutely necessary. The Conversation Project's Conversation Starter Guide can help you discuss and document your wishes for future medical care, including end-of-life decisions. You may also consider naming an alternate proxy for backup.
Who Cannot Serve as Your Medical Power of Attorney
Rules for selecting your medical power of attorney vary by state. Download an advance directive form for your state or territory from CaringInfo.
In Ohio, certain individuals may be restricted from serving as your healthcare power of attorney agent. While specific rules can vary based on circumstances and document language, in general, your agent cannot be:
- Your attending physician or treating healthcare provider at the time care is being given
- An owner, operator, or employee of the healthcare facility where you are receiving care (unless they are related to you or share your religious affiliation)
- A person against whom you have an active protective or restraining order
- In some cases, a spouse from whom you are legally separated or in the process of divorce, depending on the timing and what’s stated in your legal documents
Download CaringInfo’s Ohio Advance Directive package, a free resource that includes an Ohio Durable Power of Attorney for Health Care form.
In Ohio, you need your signature on the medical power of attorney documents to be witnessed by either a notary public or two adults. These witnesses cannot be related to you, your doctor, your healthcare proxy or the administrator of a nursing home where you are receiving care.
Note: You don’t need an estate planning attorney to fill out your healthcare proxy forms. However, if you have a complicated estate or a blended family, you may benefit from legal guidance.
How Kendal at Home Can Help
Kendal at Home care coordinators are trained to help you think through the full picture of planning ahead, including ensuring the right people know your wishes and that your documents are up to date.
The best time to complete your estate planning is before you need it—when you have the most time, clarity and options to make thoughtful decisions. Register for a virtual seminar to learn more.
